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2019 Supreme(Ori) 120

S.K.SAHOO
Ballav Kr @ Sriballav Kar – Appellant
Versus
Govt Of India – Respondent


Advocates Appeared:
Ramani Kanta Pattnaik, Adv., B.C. Parija, Adv., R.R. Rout, Adv., M. Routray, Adv., P. Mallik, Adv., Anup Kumar Bose, Adv.

JUDGMENT :

S.K. Sahoo, J.

In this application under section 482 of Cr.P.C., the petitioner Ballav Kar @ Sriballav Kar has challenged the impugned order dated 20.12.2018 of the learned J.M.F.C., Jagatsinghpur in G.R. Case No.320 of 2004 in rejecting the petition filed by the petitioner for issuance of no objection certificate in order to obtain the passport in his favour to go abroad i.e. Geneva. While rejecting the petition, the Court has observed that this is a year old case of 2004 and six witnesses out of fifteen charge sheeted witnesses have already been examined and if the petition is allowed, the petitioner may abscond to foreign land or he may not be available in person or his presence may not be procured promptly during vital stages of the criminal proceedings such as accused statement and pronouncement of judgment. It is further mentioned that the particular time limit during which the petitioner would visit Geneva, the purpose and urgency of visit to the foreign land, the exact place of stay, the name of the course of study and the duration of study that the petitioner's son is pursuing at Geneva have not been furnished. The said case arises out of Paradeep P.S. Case No.163

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